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10036-10 Vacation- Alley to be vacated first NS alley West of Main St. & So of Colfax Ave
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10036-10 Vacation- Alley to be vacated first NS alley West of Main St. & So of Colfax Ave
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Last modified
12/22/2010 3:18:23 PM
Creation date
10/8/2010 4:01:00 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
9/13/2010
Ord-Res Number
10036-10
Bill Number
48-10
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3. Saigon Market and Fiddler's Hearth agree to a perpetual easement which will <br />run with the ]and, to allow the existing Fiddler's Hearth patio structure, as <br />well as any replacement structures, limited to its current dimensions to be <br />situated in the alley as an outdoor dining area as well as ingress/egress and <br />deliveries and services via the vacated aIley easement. <br />4. Madison Oyster Bar and Fiddler's Hearth agree that Madison Oyster Bar shall <br />be entitled to a perpetual easement, to run with the land, in order to allow <br />placement of its dumpster, and use of an oiUgrease vat, or a replacement <br />dumpster and oiUgrease vat, in the alley area immediately behind its building, <br />to the north of Fiddler's Hearth, and rights of ingress/egress for deliveries and <br />services via the vacated alley easement. <br />5. Fiddler's Hearth acknowledges and grants Madison Oyster Bar perpetual <br />rights, which will run with the land to continue to place, maintain and repair, <br />and if necessary, replace the two HVAC units and a satellite dish on the roof <br />of the Fiddler's Hearth building. <br />6. Madison Oyster Bar and Saigon Market also acknowledge that Saigon Market <br />shall be entitled to a perpetual easement, which will run with the Iand, for <br />ingress/egress and deliveries and services via the vacated alley easement. <br />7. Fiddler's Hearth acknowledges that Saigon Market shall not be liable for any <br />loss or damages arising from Fiddler's Hearth use of the easement described <br />in paragraph 3, above, as well as the patio structure and any replacement; <br />further, Fiddler's Hearth indemnifies Saigon Market for and holds it harmless <br />against any loss or damages arising from Fiddler's Hearth patio structure. <br />
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